COMPARATIVE STUDY OF MATRIMONIAL LAW OF NORTHERN NIGERIA WITH EMPHASIS ON ISLAMIC LAW
COMPARATIVE STUDY OF MATRIMONIAL LAW OF NORTHERN NIGERIA WITH EMPHASIS ON ISLAMIC LAW
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Date
2014-02-13
Authors
GURIN, A. M.
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Abstract
COMPARATIVE STUDY OF MATRIMONIAL LAW OF NORTHERN
NIGERIA WITH EMPHASIS ON ISLAMIC LAW,
Nigeria being a country with a dual if not triple
system of Laws is largely faced with the difficult of
finding the demarcating line between the rules of Islamic
Law/ proper, especially in the Southern part of the country
and other laws applicable into the country (Customary
and English Common Laws). Legal pluralism and the conflict
of Laws in Nigeria is a product of both historical circumstances
and per-during systems of belief, values and
social relations. In this study I shall be primarily
concerned with those features of legal pluralism and
conflict of Law which exists within heterogeneous
environment like Nigeria.
The study is a comparative study of both theory and
practice of marriage laws in Nigeria. The Laws are that
of Islamic Law, Customary Law and English Law, but with
emphasis on the application of Islamic Law.
Chapter one opens with a descriptive Sketch of the
historical background of Nigeria examining the coming
of Islam, the jihad of Skeikh Usmann Fodio and the
coming of the European to the country. In discussing
the colonial period, it will critically analyze the
introduction of the English Lav; and other institutions
associated with it into Nigeria. Specifically, it will
critically examine the interrelationship of the introduced
legal system with it indigenous counterpart.
Chapter two discusses the nature and scope of Islamic
Law (Shariah). The Chapter has also deals in detail with
vb
the sources of Islamic Law and the development of fiqh.
It has also looks into the judicial and legal policy of
the British administration and the legal harmonization
in Nigeria.
Chapter three deals with the formation of contract
of 300 marriage and the concept of betrothal, its legal
implications and consequences under Islamic Law. An
attempt to compare this concept with the concept of
engagement under both the customary and English Laws are
also made. Under customary Law, the Chapter looks in to
the marriage formalities of three selected communities
in the Northern Part of Nigeria, these are (1) Nupe people
from Niger State, (2) Ogori people from Kwara State and
(3) Bachama people from Gongola State.
Chapter four contains a bride account of the concept
of dower in Islam, pre-Islamic Arabian customs and the
customs prevent among the non-muslim communities in
Nigeria. The Chapter has also discusses the rights and.
duties accouraing to the spouses individually and jointly
arising from the contract of marriage with particular
emphasis on the doctrines of Nafaga (maintenance) and
Nushuz (disobedience) and its legal consequences.
Chapter Five Sketches the system of family in
Nigeria, its scope and nature. This is made possible
by discussing the polygamous nature of Islamic and
customary Laws in comparison with the monogamous nature
of the English Law, their advantages and disadvantages
and the possibility and acceptability of their application
in Nigeria society.
Chapter six is devoted to the dissolution of
marriage and the ensuring effects on the spouses and the
Community at large. Special attention is a paid to divorce
as the main method for terminating a marriage contract
under the three legal systems in operation in Nigeria.
It has also looks into the issue of legitimacy and legitimization
and the law of custody under the three legal systems.
Chapter seven contain an analysis of the various topics,
the problems and their solutions discussed in the thesis
and offers some suggestions for the future that may hopefully
help in solving the problem affecting marriage
institution in our society. It has also looks into
possibility or impossibility of having a uniformed legal
system in Nigeria
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Keywords
COMPARATIVE STUDY,, MATRIMONIAL LAW,, NORTHERN NIGERIA,, EMPHASIS ON ISLAMIC LAW